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Report Link Supreme Court to Determine First Title VII Statute of Limitations Case in Post-"Ledbetter Fair Pay Act" Era.Ford & Harrison LLP - October 22, 2009 Since its passage in January 2009, the Ledbetter Fair Pay Act ("the Act") has created as many questions as it has answered, including whether it applies to disparate impact cases (that is, cases involving claims that an employment practice or policy that appears neutral on its face actually affects a protected group more harshly than an unprotected group) and whether the courts will extend coverage beyond cases of pay discrimination. The U.S. Supreme Court has decided to hear a case that may give it the opportunity to answer these two questions. Report Link Third Circuit Holds Claim Timely under Ledbetter Act.Jackson Lewis LLP - September 25, 2009 After resurrecting a claim it previously found untimely, the U.S. Court of Appeals for the Third Circuit, in Philadelphia, has concluded that the failure to answer an employee’s request for a raise constituted a “compensation decision” that could be an actionable event under the federal anti-discrimination laws. Mikula v. Allegheny County, 2009 WL2889742 (3d Cir. Sept. 10, 2009). This seems to continue the broad interpretation that courts are giving the phrase “compensation decision” following enactment of the Lilly Ledbetter Fair Pay Act. Report Link How to Lose a Title VII Statute of Limitations Defense.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009 Title VII of the 1964 Civil Rights Act requires covered employers to post a notice describing the law's provisions in an accessible format. This notice must be conspicuously posted in the same place where other employee notices are customarily maintained. Moreover, the notice must be prepared by or approved by the EEOC. Report Link President to Sign Lilly Ledbetter Fair Pay Act.Ford & Harrison LLP - January 29, 2009 President Obama is scheduled to sign the Lilly Ledbetter Fair Pay Act on January 29, 2009. The House of Representatives approved the legislation, which had previously passed in the Senate, on January 27. The Fair Pay Act, S. 181, alters the deadline or "statute of limitations" for pay discrimination claims brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973. It also overrules the U. S. Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Company, Inc., 550 U.S. 618 (2007). Congress believed the Court, in Ledbetter, unduly restricted the time period for bringing pay discrimination claims. The new law will allow employees to bring claims that would have been too stale under the Court's ruling. Report Link Ledbetter Act Expands Statutes of Limitation, Exposes Employers to Liability for Decisions Made Many Years Earlier.Baker Hostetler LLP - January 29, 2009 On January 27, 2009, the House of Representatives passed the Lilly Ledbetter Fair Pay Act of 2009, which now heads to President Obama for signature. Report Link Supreme Court Limits Time Period for Filing Pay Discrimination Charges (pdf).Vedder Price - August 31, 2007 Before bringing a discrimination lawsuit against an
employer, employees must fi le a charge with the Equal
Employment Opportunity Commission (“EEOC”)
within 180 days from the date of the alleged
discrimination (300 days if the employee is fi ling
a charge for a violation of both federal and state or
local antidiscrimination laws). Report Link Go Goodyear.Elarbee, Thompson, Sapp & Wilson, LLP. - July 13, 2007 In May, the U.S. Supreme Court refused to exempt an employee challenging her former employer’s pay decisions as discriminatory under Title VII of the Civil Rights Act of 1964 from the Act’s 180-day time limit for filing a charge of discrimination (subject to an extension of up to 300 days in deferral states) with the U.S. Equal Employment Opportunity Commission (or an equivalent state agency). Report Link Slender Sup. Ct. Majority Promotes Certainty In Incentive Pay Plans.Fisher & Phillips, LLP - June 25, 2007 Like many employers, Goodyear Tire & Rubber Co. based its employees' salary at least partially on the performance reviews of supervisors and managers to whom employees report. Better performance reviews were rewarded with corresponding pay raises. Report Link Supreme Court Limits Employer Exposure to Discriminatory Pay Claims.Jackson Lewis LLP - June 04, 2007 In a 5-4 decision, the Supreme Court has held that an employer's determination setting an employee's wages, and not the mere issuance of a paycheck based on that decision, triggers Title VII's deadline to file an administrative charge based on discriminatory pay. Report Link Supreme Court Limits Title VII Suits.Elarbee, Thompson, Sapp & Wilson, LLP. - June 01, 2007 In a decision announced Tuesday, May 29, the U.S. Supreme Court limited the time period in which employees can challenge pay discrimination under Title VII. Specifically, the Court held that Title VII’s deadlines, which require discrimination complaints to be filed as soon as 180 days after a discriminatory act occurs, preclude employees from bringing a suit on a salary decision made beyond the 180-day period, even if the past decision lowers the employee’s current salary. Report Link Supreme Court Protects Employers From Stale Pay Discrimination Claims.Jackson Lewis LLP - May 31, 2007 The Supreme Court's May 29 decision in Ledbetter v. Goodyear (No.05-1074) provides critical protection to employers against stale discrimination claims based on events long past. Title VII sets short deadlines for bringing discrimination claims. The Court held that with pay discrimination claims, as with other kinds of discrimination claims, the deadline for filing the claim is measured from the date of the allegedly discriminatory pay decision – in this case, negative performance evaluations many years earlier that had limited the employee's pay raises at those times. Report Link The Real Lessons of Ledbetter v Goodyear Tire and Rubber CoLittler Mendelson, P.C. - May 31, 2007 On May 29, 2007, the Supreme Court announced its decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., limiting the potential liability of employers for pay discrimination under Title VII. The fact pattern it considered is rather common, which is one reason why this case is so important. Suppose that during the 1980s, a female employee was paid less than comparable males working for the same employer. Thereafter, the female employee and these male employees receive the same pay raises, but because the salary paid to the female employee was initially lower, she continues throughout the 1990s to earn less in each year than her male counterparts. Report Link Supreme Court Requires Timely Challenge To Pay DecisionsOgletree Deakins - May 31, 2007 In a sweeping decision, a 5-4 majority of the U.S. Supreme Court, split along ideological lines, ruled today that Title VII plaintiffs must timely challenge particular pay decisions and cannot rely on the continuing violation theory to reach back to allegedly discriminatory decisions made before the charge filing period established by the Equal Employment Opportunity Commission (EEOC). Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074, U.S. Supreme Court (May 29, 2007). Report Link U.S. Supreme Court Limits Ability to Sue Over Past Pay Discrimination (pdf).Phelps Dunbar LLP - May 30, 2007 In a 5-4 ruling, the United States Supreme Court today
limited employees’ ability to sue employers for pay
discrimination resulting from decisions made years earlier.
Ledbetter v. Goodyear Tire & Rubber Co. The case focused on
the 180-day deadline that employees have for complaining
about alleged discriminatory employment decisions under
Title VII of the Civil Rights Act of 1964. Report Link Supreme Court: Federal Four-Year Limitations Statute Applies to Suit Under 1991 Civil Rights Act.Jackson Lewis LLP - May 14, 2004 A unanimous U. S. Supreme Court has ruled a four-year statute of limitations applies to a class action lawsuit alleging wrongful discharge, hostile work environment, and refusal to transfer in violation of the Civil Rights Act of 1991. Report Link Sexual Harassment Suit Barred by Time Limitation in Job Application.Ballard Rosenberg Golper & Savitt - December 01, 2002 The Daimler Chrysler employment application had a statement obligating the employee to bring employment claims within six months and she did not adhere to this time limit. Report Link Continuing Violation Theory Overrides Time Limit for Filing Hostile Environment Charges under Title VII.Jackson Lewis LLP - June 12, 2002 In National Railroad Passenger Corporation v. Morgan, the Court was asked to decide the limits of the "continuing violation" doctrine under federal anti-discrimination law. Report Link A. Continuing Violation May Result Where Employer Maintains Potentially Discriminatory Policy.Ballard Rosenberg Golper & Savitt - November 30, 2001 Discusses California Dept. of Youth Authority, No. 99-17140 (9th Cir. November 14, 2001), in which the court reversed summary judgment in favor of the California Dept of Youth Authority in a disability discrimination/failure to hire case, in a potentially far-reaching extension of the continuing violations doctrine.
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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